Franchise question & 30 yr old files from dead attorney

You really need to talk with an attorney with significant experience in franchise law and intellectual property laws. If you have never had any...

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If I apply for a business license in San Diego, do I have exclusive rights to that name, assuming that no one already has it?

Applying for a business license does not, in and of itself, give any person exclusive rights to any name. Trademark rights are acquired by use...

The issue of franchisor rebates is one of the most contested areas of the franchise relationship. As my colleagues have pointed out, whether the...

Can a non-physician own and operate medical care franchise?

The State of Florida has a number of statutory and administrative regulations governing health care providers. Determining which statutes apply...

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If you are a small home-based business that becomes a vendor in a large franchised grocery store, should you retain a lawyer?

I completely understand the desire to conserve funds when you are a small home based business, but there are MANY terms and conditions in a vendor...

How can I get good, affordable, representation for my franchisor FDD purposeful misrepresentation case?

I would recommend that you check your franchise agreement venue provisions regarding where any litigation must be brought (probably towards the end...

Whether Franchisor can obtain damages and injunctive relief after an involuntary termination of a franchise agreement?

Whether damages and injunctive relief can be obtained always depends on the facts of the particular case. There are many affirmative defenses that...

Declaring Chapter 7 in CA w/ husband. Have a C-Corp that runs a franchise. Can we get our of our franchise obligations with BK

The answer to the question you have asked is not simple and will require two things: (1) a good bankruptcy attorney, and (2) a good franchise...

One Franchisor says due to Federal Trade Commission it is illegal to disclose profit of any franchise store at initial stage

As my colleagues have pointed out, the FTC does prohibit a franchisor from providing financial performance representations (including profits of...

What is involved in Holding Promissory Note?

The question you have posed is very tricky and one that often comes up with franchisee financing arrangements in a transfer. Most franchise...